Vinod Kannu Solanki v. Kannu Ishwar Solanki (Deceased)

mpt98-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.98 OF 2017 Vinod Kannu Solanki

...Petitioner

vs Kannu Ishwar Solanki ....Deceased ....

Mr. Rajiv Jadhav, for the Petitioner.

....

CORAM : S.C. GUPTE, J.

DATED: 13 OCTOBER, 2017 P.C. :

.

The Petitioner seeks a legal heir-ship certificate under Section 2 of Bombay Regulation Act VIII of 1827. The Plaintiff claims to be declared as a legal heir along with other legal heirs of the deceased Kannu Solanki, names of whom are set out in paragraph 5 of the miscellaneous petition. The deceased was working with the ESIS Hospital in Mumbai. The Plaintiff has applied for employment on compassionate ground, and for that purpose, needs the present heir-ship certificate. After noting the consent affidavits made by all legal heirs referred in para 5, this Court caused issuance of a proclamation. The proclamation was issued on 11 September 2017 inviting all persons disputing the right of the Applicant to appear in the Court within one month and enter their objections. There is no objection offered in pursuance of the proclamation. This Court is satisfied that there is adequate proof of the right of the Applicant to apply for a heir-ship Pg 1 of 2

mpt98-17.doc certificate. None of the legal heirs of the deceased objects to the grant. Accordingly, the petition is made absolute. A legal heir-ship certificate will be issued in the names of the persons named in paragraph 5 of the petition, including the Petitioner herein. All concerned to act on an authenticated copy of this order.

( S.C. GUPTE, J. ) Pg 2 of 2